1122 “Counterdrug” Program

Section 1122 of the Fiscal Year 1994 National Defense Authorization Act established the authority for state and local governments to purchase law enforcement equipment through federal procurement channels, provided that the equipment is used in the performance of counter drug activities. The Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 amended 10 U.S.C. 381, to expand the procurement authority under the 1122 Program beyond counter-drug activities, to include equipment for homeland security and emergency response activities.

The authority for the 1122 Program resides with the Department of Defense (DOD). The U.S. Army is the executive agent of the program. In addition, under this program, DOD and the Defense Logistics Agency (DLA) also provide equipment available to state and local units of government. The Army currently defines the requirements for the expansion of the program and the certification of the SPOCs.

Each state participating in the 1122 Program designates a State Point of Contact (SPOC), appointed by the Governor, to administer the state’s activities under the program. Each SPOC participating in the program must be trained and certified to participate by the Army. Each SPOC is responsible for validating the counter-drug, emergency response, or homeland security mission of each procurement request and ensuring the availability of funds.

With the approval of the Executive Agent, GSA has approved certain equipment included in GSA Schedules and the purchase of motor vehicles under the program. The SPOCs are responsible for receiving all orders from state and local units of government, and for determining that the items will be used for the allowable scope of activities. For items under Schedules, the SPOCs will send all orders directly to the Schedule contractor and payment will also be made directly to the Schedule contractor. Orders for the purchase of vehicles (except for the Command Centers on 23 V, which can either be placed directly with the contractor or forwarded to GSA) must be forwarded by the SPOC through GSA. The 1122 Program is non-mandatory to both the SPOCs and the Schedule contractors, e.g., the contractors have the option as whether to accept or reject an order from the SPOC.